Subject:Ordinance
for rezoning for Eagle FL I SPE, LLC. property from CityPUD/CDO (Planned Unit
Development/Contemporary Design Overlay) to City PUD/CDO (Planned Unit
Development/Contemporary Design Overlay) to allow for a proposed mixed
use development (North Renaissance
Trails)

Staff Recommendation:

The
Planning staff and the Planning Commission recommend approval of the proposed
rezoning for the subject propertyfrom City PUD/CDO
(Planned Unit Development/Contemporary Design Overlay) to City PUD/CDO
(Planned Unit Development/Contemporary Design Overlay).

Analysis:

The project site is approximately 650 (north
half of 1,012) acres with approximately 1,950 residential units.The property is generally located at the intersection of C.R. 48 and
Austin Merritt Road, as
shown on the attached General Location Map. The present zoning for this
property is City PUD/CDO (Planned Unit
Development/Contemporary Design Overlay).
Currently, the property is an abandoned farm and the proposed additional uses
are for interim agricultural uses such as crops and live stock. The interim uses shall be
permitted until an adjacent phase of the project is developed for residential,
commercial, office or community facilities uses. The surrounding zoning of adjacent properties is City PUD
(Planned Unit Development) on the north, County A (Agriculture) and City R-1-A
(Single Family Residential) on the south, City PUD (Planned Unit Development),
County A (Agriculture) on the east, and Sumter County PUD (Planned Unit
Development) on the west. The existing Land Use designation for the subject
property is Lake County Rural.

The re-establishment of the zoning
districts of City PUD/CDO (Planned Unit Development/Contemporary Design
Overlay) for the north half of the project with interim agricultural
uses are compatible with
the adjacent and nearby properties in the area and with the proposed
future land use designation of City
Mixed Use and would be a continuation of the intensity previously approved for
the project..

The existing land uses surrounding the
property are undeveloped, single family home and agriculture uses.

The development currently does not have
City utilities.

By
a vote of 7 to 0 on January 19, 2012, the Planning Commission voted to
recommend approval of the proposed request.

Options:

1.Approve the proposed re-establishment of the zoning to City PUD/CDO
(Planned Unit Development/Contemporary Design Overlay) thereby allowing
consistent zoning and development standards for this area.

2.Other
such action as the Commission may deem appropriate.

Fiscal Impact:

There
is a positive fiscal impact to the City through the future development of this
property. However, until developed, a possible negative impact on ad valorem
taxes because a proposed agricultural exemption could occur.

Submission
Date and Time:2/10/12 1:43 PM____

Department: CommunityDevelopment

Prepared by:Bill Wiley, AICP

Attachments:Yes__X_No ______

Advertised:____Not Required ______

Dates:__________________________

Attorney
Review :Yes_X_No ____

_________________________________

Revised 6/10/04

Reviewed by: Dept. Head __BW_____

FinanceDept. __________________

Deputy
C.M. ___________________

Submitted by:

City Manager ___________________

Account
No. _________________

Project
No. ___________________

WF No.
______________________

Budget______________________

Available
_____________________

ORDINANCE NO. ______

AN ORDINANCE OF THE CITY OF
LEESBURG, FLORIDA, REZONING APPROXIMATELY 650 ACRES GENERALLY LOCATED AT THE
INTERSECTION OF C.R. 48 AND AUSTIN MERRITT ROAD,LYING IN SECTION 31,
TOWNSHIP 20 SOUTH, RANGE 24 EAST,LAKE COUNTY, FLORIDA, FROM CITY PUD/CDO
(PLANNED UNIT DEVELOPMENT/CONTEMPORARY DESIGN OVERLAY) TO CITY PUD/CDO (PLANNED
UNIT DEVELOPMENT/CONTEMPORARY DESIGN OVERLAY); AND
PROVIDING AN EFFECTIVE DATE. (Eagle FL I SPE, LLC)

BE IT ENACTED
BY THE PEOPLE OF THE CITY OF LEESBURG,
FLORIDA, that:

Section 1.

Based upon the petition of Eagle
FL I SPE, LLC, the petitioner of the property hereinafter
described, which petition has heretofore been approved by the City Commission
of the City of Leesburg Florida, pursuant to the provisions of the Laws of
Florida, the said property located in Lake County, Florida, is hereby rezoned
from City PUD/CDO (Planned
Unit Development/Contemporary Design Overlay) to PUD/CDO (Planned Unit
Development/Contemporary Design Overlay), zoning
district subject toconditions contained in Exhibit A, to-wit:

Legal Description

(See EXHIBIT
B)

Section
2.

This ordinance shall become effective upon its passage and adoption,
according to law.

PASSED AND
ADOPTED at the regular meeting of the City Commission of
the City of Leesburg, Florida, held on the day
of ,
2012.

THE CITY OF LEESBURG

By: _________________________________

Mayor

ATTEST:

___________________________________

City Clerk

CASE #:003-1-01192012 EXHIBIT A

(Previous 013-1-010506)

NORTH RENAISSANCE TRAILS

PLANNED UNIT
DEVELOPMENT/CONTEMPORARY OVERLAY DISTRICT CONDITIONS

January 19, 2012

(Previous June 8, 2006)

These Planned Unit Development/Contemporary Design Overlay Conditions
for PUD/CDO (Planned Unit Development/Contemporary Design Overlay) Districts
are granted
by the City of Leesburg Planning Commission, Lake County, Florida to Eagle FL I
SPE, LLC (North Renaissance Trails) "Permittee" for the purposes and
subject to the terms and conditions as set forth herein pursuant to authority
contained in Chapter 25 "Zoning",
Sec­tion 25-278 "Planned Unit Development " and Sec­tion 25-282 Overlay Districts (d) CDO
Contemporary Design Overlay of the City of Leesburg Land Development Code, as
amended.

BACKGROUND:The "Permittee" is desirous of
obtaining a Planned Unit Develop­ment (PUD) with a Contemporary Design Overlay
(CDO) zoning district to allow construction of a proposed mixed use development
comprised of residential, commercial and public uses consisting of a maximum of
1,950 residential units on approximately 650 acres with a commercial village center
of approximately 315,000 sq. ft. on approximately 37 acres, subject to approval
by FDEO of a Development of Regional Impact, on a site with­in the City of
Leesburg located at the intersection of C.R. 48 and Austin Merritt Road, in
accordance with their PUD application and supplemental information.

1.PERMISSION is hereby
granted to Eagle FL I SPE, LLC (Renaissance Trails) to construct, operate, and
maintain a Planned Unit Development with a Contemporary Design Overlay in and
on real property in the City of Leesburg. The property is more particularly
described as follows:

LEGAL
DESCRIPTION:

See attached
legal Exhibit B.

2.LAND
USE

The
above-described property, containing approximately 650 acres, shall
be used for mixed use residential, commercial and public uses development, pursuant to City of Leesburg development codes and
standards and the Conceptual Development
Plan Exhibit C. as follows:

A.Residential Development

1.The project shall contain a maximum of 1,950 residential units
on approximately 650 acres at a gross density not to exceed 3.0 units per acre.

2.Development standards to be established through
future the amendment to these Planned Unit Develop­ment (PUD) conditions
as conceptual plans are developed for individual phases.

3. Permitted Uses:

a.Single-family
dwellings (detached or attached);

b.Townhome
single-family dwellings;

c.Multi-family
dwellings;

d.New urbanism design units with staff approval including rear
garages
with living units;

e.Accessory
structures;

f. Temporary
Sales and Construction Office. The developer shall be allowed to construct a
temporary portable sales office on the Property. Such sales office shall be
allowed to remain until new home sales operations cease.

g.Model
homes may be used for sales center during the duration of the project.

h.All
residential units shall be developed through a subdivision plat except for new
urbanism units in conjunction with commercial development.

4.In order to comply with the diversity of housing required by the City’s
adopted Growth Management Plan, Future Land Use Element, Goal I, and Objective
1.2, projects shall incorporate the following requirements:

a.In order to provide a balance of housing
types, more than one type of housing shall be provided such as single-family
attached and detached dwellings, town houses, multi-family etc. with each
having a minimum of ten (10) percent of the total project except where new
urbanism design communities are approved by City staff.

b.In addition, townhome units and residential
units in conjunction with commercial uses shall not be age restricted.

5.Interim Uses: The following uses shall be
permitted only as interim uses:

a.Agricultural uses such as
crops, live stock except swine and accessory agricultural uses such as barns
and stock pens. Interim uses shall be permitted until an adjacent phase of the
project is developed for residential, commercial, office or community
facilities uses.

B. Recreational Development

1.Recreational development
provided on the site shall include active and passive uses, as well as enclosed
or un-enclosed recreational space, devoted to the joint use of the residents.
Such recreation space shall consist of not less than two hundred (200) square
feet of space per dwelling unit as allocated on Map H-3. In computing useable
recreation space, the following items may be considered at one and twenty-five
hundredths (1.25) times the actual area.

b.Developed recreational trails which
provide access to the public trail system.

c.Swimming pool, including
the deck area which normally surrounds such pools.

d.Indoor recreation rooms
provided such rooms are permanently maintained for the use of residents for
recreation.

2.Required stormwater areas
and buffer areas shall not be considered as recreational space except for areas
developed as recreational trails which provide access to the public trail
system.

3.The Planned Unit Development shall provide planned
accessibility from all areas of the development to any proposed recreational
facilities including pedestrian/trail access where possible.

4.If a
connection to the proposed City trail system is required, the development shall
provide a public rail to trails access/connection along the boulevard type
roads through the development with a minimum of a twenty-five (25) foot wide
trail within the required buffer area. Construction of any required trail will
be the developer’s responsibility and shall be developed per City trail
requirements. Some credit may be allowed toward the required recreation areas
depending on final determination of overall recreation and trail development
plans. Final location and design shall be determined during the preliminary
plan/site plan review process.

C.Limited commercial uses
shall be allowed within buildings designated for recreational use and shall be
intended for the primary use of project residents. The location and intensity
of such uses shall be approved by the City staff as part of the preliminary
plan review process.Examples of such
uses are sales office, post office, ATM or bank services, coffee shop etc.

D.The
commercial use of a sales office and/or model center shall be a permitted use
as long as it is specifically related to the PUD residential development of the
site.

E.Commercial, Office and
Community Facilities

1.Town Commercial Center area of
approximately thirty-seven (37) acres shall be situated generally at the
intersection of C.R. 48 and Austin Merritt Road. Final determination and
location of commercial areas shall be approved during future amendment to these
Planned Unit Develop­ment (PUD) conditions during the conceptual plans approval
process.

2.Allowable
uses shall be those uses as described in the C-2 (Community Commercial) Zoning
District in the City of Leesburg Land Development Code (as amended.

3.Development standards to be established
through future amendment to these Planned Unit Develop­ment (PUD) conditions as
conceptual plans are developed for individual phases.

6.Commercial development areas shall be
properly screened from residential areas with a buffer in accordance with the
City of Leesburg Land Development Code (as amended).Minimum buffer width shall be 10 feet.

7.Access to the commercial development areas
shall be primarily from internal roadways, not C.R.48.

8.Recreational
vehicle parking shall be restricted through deed restrictions/covenants which
shall prohibit parking within the development unless within an enclosed
structure or an approved designated area is provided, except for loading and
unloading for a 24 hour period. If provided, the area shall be buffered and
final location will be determined by staff as part of the Preliminary
Subdivision approval process. Final determination of the location and size of
such facilities shall be approved by City staff during the preliminary plan
review process.

F.Public Use Areas and Impacts

The
approximate seven (7) acre Public Use Area, as shown on the Conceptual
Development Plan shall be dedicated to the City of Leesburg for
public purposes prior to plat approval of any portion of the development
or prior to any building permit issuance, whichever occurs first. The
final size and location of the Public Use Area shall be determined by
the City at the time future amendment to these Planned Unit Develop­ment
(PUD) conditions during the conceptual plans approval process.

.In
addition, to maximize the buildable area of the Public Use Area, any
environmental, floodplain, and wetlands impacts on the site will be mitigated
off site; stormwater retention will be retained and treated off-site within the
planned unit development; any transportation impacts associated with the site
will be included in the total number of vehicle trips approved for the planned
unit development; and the site shall include central potable water and sanitary
sewer lines stubbed out to the site, as well as a cleared building area, to
facilitate construction in a timely manner.

Although
this development is partially age restricted, some lots or units may be
occupied by families with school age children, and the development may thus
have an impact on public school capacity in the area. Since part of the
development is restricted to the population over 55 years of age, the developer
has requested that it not be required to dedicate a possible school site within
the development. In order to mitigate the impacts the development may have on
school capacity, in lieu of dedicating a school site the developer agrees to
pay to the City, for each age restricted lot or unit, a voluntary educational
impact fee equal to the adopted Lake County School Board School Impact fee in
place at the time of issuance of a building permit for each age restricted
unit.

G.Open Space and Buffer Areas

1.Wetlands
shall have an average upland buffer of 25 feet, minimum of 15 feet, or the
upland buffer established by St. Johns River Water Management District and/or
U.S. Army Corp of Engineers; whichever is more restrictive. Each wetland shall
be placed on a suitable map, signed and sealed by a surveyor registered to
practice in Florida and shall be submitted as part of the preliminary plan
application

2.Buildings or structures shall be a
minimum of 50 feet from any wetland jurisdiction boundary.

3.Wetlands shall have a minimum upland buffer of 25 feet or the
upland buffer established by St. Johns River Water Management District and/or
U.S. Army Corp of Engineers; whichever is more restrictive.All upland buffers shall be naturally
vegetated and upland buffers that are devoid of natural vegetation shall be
re-planted with native vegetation or as required by St. Johns River Water
Management District and/or U.S. Army Corp of Engineers.

4.Land uses allowed within the upland buffers are limited to
hiking trails, horse trails, walkways, passive recreation activities and stormwater
facilities as permitted by St. Johns River Water Management District.

5.If wetland alteration is permitted by St. Johns River Water
Management District and/or U.S. Army Corp of Engineers, wetland mitigation
shall be required in accordance with permit approvals from St. Johns River
Water Management District or U.S. Army Corp of Engineers, whichever is more
restrictive.

6.A wildlife/archaeological management plan for the project site
shall be prepared based on the results of an environmental assessment of the
site and any environmental permit required from applicable governmental
agencies. The management plan shall be submitted to the City as part of the
preliminary plan application. The Permittee shall designate a responsible legal
entity that shall implement and maintain the management plan.

7.To the extent practical, wetlands shall be placed in a
conservation easement, which shall run in favor of, and be enforceable by, St.
Johns River Water Management District or another legal entity such as a
homeowners association.The conservation
easement shall require that the wetlands be maintained in their natural and
unaltered state.Wetlands shall not be
included as a part of any platted lot, other than a lot platted as a common
area, which shall be dedicated to St. Johns River Water Management District or
another legal entity such as a homeowners association for ownership and
maintenance.

8. Landscape
Buffer areas, identified during the development review process by the Master
Plan along CR 48 and in PODs where more intense uses such as commercial,
stables etc. abuts residential areas where no roads intersect these areas and
provide a physical separation shall be as follows:

For each one hundred (100) linear feet, or
fraction thereof, of boundary, the following plants shall be provided in
accordance with the planting standards and requirements of the City of Leesburg
Code of Ordinances, as amended.

a.Two (2) canopy trees

b.Two (2) ornamental trees

c.Thirty (30) shrubs

d.The remainder of the buffer area shall be landscaped with grass,
groundcover, and/or other landscape treatment.

e.Existing vegetation in the required buffer
shall be protected during construction.

H. Development Phasing

1.The proposed project may be constructed
in phases in accordance with the Planned Unit Development Master Plan (attached
as part of these conditions). Changes to the Development Plan, other than those
conditions described in this agreement, shall be revised in accordance with the
Planned Unit Development review process.

2.Implementation of Phase I of the development project shall
proceed in good faith within 48 months of approval of this Planned Unit
Development.In the event, the
conditions of the PUD have not been implemented during the required time
period, the PUD shall be scheduled with due notice for reconsideration by the
Planning Commission at their next available regular meeting. The Planning
Commission will consider whether to extend the PUD approval or rezone the
property to RE-1 (Estate Density Residential) or another appropriate zoning
classification less intense than the development permitted by these PUD
Conditions.

I.Signage

1.All signage will meet City standards as
set forth in the Leesburg Land Development Code except for the following
conditions:

a. A maximum of two (2) grounds or wall
residential entrance or gate signs may be located at the main entrance to a
single family, multi-family subdivision.In the alternative, one (1) double faced identification sign may be
permitted when placed in the median of a private entrance road. The maximum
allowable sign surface area per wall or sign shall not exceed one hundred
twelve (112) square feet.

b.Secondary entranceways shall be
restricted to one (1) ground sign, not to exceed thirty (30) square feet in
area and a vertical dimension of five (5) feet.

c.Height-signs shall be a maximum of eight
(8) feet and be measured from the finished grade level or crown of road to the
top of the sign face, provided if the sign is integrated into a fence, wall or
column.

3.STORMWATER MANAGEMENT / UTILITIES

Prior to receiving final development approval, the Permittee shall
submit a stormwater management plan and utility plan acceptable to the City of
Leesburg.Water, wastewater and natural
gas services will be provided by the City of Leesburg.Prior to any clearing, grubbing, or
disturbance of natural vegetation in any phase of the development, the
Permittee shall provide:

A.A detailed site plan that demonstrates no
direct discharge of stormwater runoff generated by the development into any
wetlands or onto adjacent properties.

B.A stormwater management system designed
and implemented to meet all applicable St. Johns River Water Management
District and City of Leesburg requirements.

C.A responsible legal entity for the
maintenance of the stormwater management system on the plat prior to the
approval of the final plat of record. A homeowners association is an acceptable
maintenance entity.

D.The 100-year flood plain shown on all
plans and lots.

E.The appropriate documentation that any
flood hazard boundary has been amended in accordance with Federal Emergency
Management Agency requirements, if the 100 year flood plain is altered and /or
a new 100 year flood elevation is established in reference to the applicable
flood insurance rate map.

F.A copy of the Management and Storage of
Surface Waters permit obtained from St. Johns River Water Management District.

G.A detailed site plan that indicates all the
provisions for electric, water, sewer, and/or natural gas in accordance with
the City of Leesburg Land Development Codes.

H.Developer shall bear all responsibility,
financial and otherwise, for the construction and installation of utility
infrastructure and other improvements related to the use and development of the
property including such off site improvements required by the City, all of
which shall be constructed to the applicable specifications imposed by the
ordinances and regulations of the City in effect at the time of construction.
If offsite utility infrastructure systems are upsized at the request of the
City of Leesburg to accommodate other existing or future developments in the
area, the Develop will be entitled to an applicable reimbursement method, such
as cost-sharing, impact fee credits, pioneering agreements, etc., as
appropriate provided by a separate utility agreement.

I.Developer shall be responsible for the
installation of a natural gas water heater and natural gas furnace in eighty
percent (80%) of all homes in the development.

J.A two (2) acre well site with the
potential for two potable wells shall be dedicated to the City of Leesburg
for public purposes prior to plat approval of any portion of the
development or prior to any building permit issuance,
whichever occurs first. The final size and location of the well site shall
be determined by the City at the time of the future amendment to these
Planned Unit Develop­ment (PUD) conditions during the conceptual plans approval
process.

4.TRANSPORTATION IMPROVEMENTS

A.All transportation improvements shall be
based on a current traffic analysis and shall be contingent upon Preliminary
Subdivision Plan approval by City staff during the development review and
permitting process.

B.Vehicular access to the project site shall
generally be provided as shown on the Conceptual Phasing Plan through a minimum of two four lane divided boulevard
type roads. Actual locations and design of the boulevards and roads shall be
approved during future amendment to these Planned Unit Develop­ment (PUD)
conditions during the conceptual plans approval process. Other potential
accesses to adjacent properties will be reviewed during the development review
process.

C.The Permittee shall provide all necessary
improvements/signalization within and adjacent to the development as required
by Lake County and City of Leesburg.

D.All roads within the development shall be
designed and constructed by the developer to meet the City of Leesburg
requirements including but not limited to Miami curbs.

E.Sidewalks shall be provided on one side of
the local internal roads except for boulevards which shall require provide
sidewalks on both sides and shall provide cross connections to all recreation
and residential areas. Internal road rights-of-ways shall be of sufficient
width to contain the sidewalks.All
sidewalks shall be constructed in accordance with City of Leesburg Codes.

F.The Permittee shall be responsible for
obtaining all necessary Lake County permits and a copy of all permits shall be
provided to the City of Leesburg prior to preliminary plan approval.

G.The City of Leesburg will not be
responsible for the maintenance or repair of any of the roads or transportation
improvements.The Permittee shall establish
an appropriate legal entity that will be responsible to pay the cost and
perform the services to maintain the roads and transportation improvements.

H.Should the Permittee desire to dedicate
the proposed project’s internal road system to the City of Leesburg; the City,
at its discretion, may accept or not accept the road system. Prior to
acceptance, the Permittee shall demonstrate to the City the road system is in
suitable condition and meets City of Leesburg requirements. As a condition of
accepting the roadway system the City may create a special taxing district or
make other lawful provisions to assess the cost of maintenance of the system to
the residents of the project, and may require bonds or other financial
assurance of maintenance for some period of time.

I.A traffic/transportation study shall be submitted
prior to site plan approval for review and determination of any necessary
access improvements, including any off site improvements required by FDOT, Lake
County, the MPO or the City of Leesburg. Said improvements will be the
responsibility of the Permittee.

J.At such time that traffic signals are
warranted at the proposed project entrance(s), the Permittee shall pay their
pro-rata share of the cost of the signal(s) as determined by City staff.

5.DESIGN REQUIREMENTS

Design requirements
shall meet the standards as per Sec.
25-395. Contemporary design district overlay (CDO) general district standards.
Designs to meet general standards provided below and will be reviewed during
the development review and permitting process.

A.Residential Development

1.Contemporary design district overlay (CDO) standards require that all detached residential development on lots that are less than fifty
(50) feet in width shall be served by rear alleys. Each alley shall connect
with streets at both ends.

2.Building
Design

a.Detached single-family
homes shall have garages located with the following provisions.

1)Front access garages must
be set back a minimum of five (5) feet from the attached primary structure or
the front building line.

2)Rear garages must be
setback a minimum of twenty (20) feet from an alley or rear access drive.

3)Side entrance garages may
be in line with or off set from the primary structures
front setback provided the garage has front facade windows.

4)Homes with covered front
entrees and/or porches of a minimum fifty (50) square feet may have front
access garages setback in line with the porch or five (5) feet forward of the
porch.

b.The distance between any principal
building and accessory building shall be a minimum of ten (10) feet.

c.Alternative new urbanism design and rear
alley access units shall have the following:

3)Covered front porches of
at least forty percent of the length of the front elevation at a minimum depth
of four (4) feet.

3.Additional Design Features

a.All
buildings shall utilize at least three of the following design features to
provide visual relief along all elevations of the building:

1)Dormers

2) Gables

3) Recessed
entries

4) Covered porch
entries

5) Cupolas

6) Pillars or
posts

7) Bay window
(minimum 12 inch projections)

8) Eaves (minimum
6-inch projections)

9) Repetitive
windows with minimum 4-inch trim.

B.Commercial Village Center Design

1.Building frontages shall occupy no less than 75% of the street
facing entrance.

2.Height. The maximum building height may
be increased by 10 feet as an incentive for vertical mixed use buildings,
except where adjacent to single-story residential uses.

3.Public Entrance. Buildings that are open
to the public shall have an entrance for pedestrians from the street to the building
interior. This entrance shall be designed to be attractive and functionally be
a distinctive and prominent element of the architectural design, and shall be open to the public
during business hours. Buildings shall incorporate lighting and changes in
mass, surface or finish to give emphasis to the entrances.

4.Building Façade. No more than 20 feet of
horizontal distance of wall shall be provided without architectural relief for
building walls and frontage walls facing the street.Buildings shall provide a foundation or base,
typically from ground to bottom of the lowerwindowsills,
with changes in volume or material. A clear visual division shall be maintained
between the ground level floor and upper floors. The top of any building shall
contain a distinctive finish consisting of a cornice or other architectural
termination as described below.

5.Storefront character.
Commercial and mixed-use buildings shall express a “storefront character” with
the new urbanism design elements complimenting Phase V. This guideline is met
by providing all of the following architectural features along the building
frontage as applicable.

a. Corner building entrances
on corner lots.

b.Regularly spaced and similar-shaped windows with window hoods or
trim (all building stories).

c.Large display windows on
the ground floor. All street-facing, park-facing and plaza-facing structures shall have windows
covering a minimum of 40% and a maximum 80%
of the ground floor of each storefront’s linear frontage.Blank walls shall not occupy over 50% of a street-facing frontage and shall not
exceed 20 linear feet without
being interrupted by a window or entry. Mirrored glass, obscured glass and glass block cannot be used in meeting
this requirement. Display windows may be used
to meet this requirement, but must be transparent and shall not be painted or obscured by opaque panels.

6.Orientation. The primary
building entrances shall be visible and directly accessible from a public
street.Building massing such as tower
elements shall be used to call-out the location of building entries.

C.Exterior building
materials contribute significantly to the visual impact of a building on the
community. They shall be well designed and integrated into a comprehensive
design style for the project. The total exterior wall area of each building
elevation shall be composed of one
of the following:

1.At
least thirty-five percent (35%) full-width brick or stone (not including window
and door areas and related trim areas), with the balance being any type of lap
siding and/or stucco.

2.At least thirty percent (30%) full-width
brick or stone, with the balance being stucco and/or a “cementitious” lap
siding. (A “cementitious” lap siding product is defined as a manufactured strip
siding composed of cement-based materials rather than wood fiber-based or
plastic-based materials. For example, Masonite or vinyl lap siding would not be
allowed under this option.).

3.All textured stucco, provided there are
unique design features such as recessed garages, tile or metal roofs, arched
windows etc. in the elevations of the buildings or the buildings are all brick
stucco. Unique design features shall be reviewed by the Community Development
Director for compliance.

D.Other similar design variations meeting the
intent of this section may be approved by the Community Development Director.

6.MISCELLANEOUS CONDITIONS

A.The uses of the proposed project shall
only be those uses identified in the approved Planned Unit Develop­ment Conditions.Any other proposed use must be specifically
authorized by the Planning Commission in accordance with the Planned Unit
Develop­ment amendment process.

B.No person, firm or corporation shall
erect, construct, enlarge, alter, repair, remove, improve, move, convert, or
demolish any building structure, or alter the land in any manner without first
submitting the necessary plans and obtaining appropriate approvals in
accordance with the City of Leesburg Codes.

C.Construction and operation of the proposed use(s) shall at all
times comply with City and other governmental agencies rules and regulations.

D.The transfer of ownership or lease of any or all of the
property described in this PUD Agreement shall include in the transfer or lease
agreement, a provision that the purchaser or lessee is made good and aware of
the conditions pertaining to the Planned Unit Development established and
agrees to be bound by these conditions.The purchaser or lessee may request a change from the existing plans and
conditions by following the procedures as described in the City of Leesburg
Land Development Code, as amended.

E.These PUD Conditions shall inure to the
benefit of, and shall constitute a covenant running with the land and the
terms, conditions, and provisions hereof, and shall be binding upon the present
owner and any successor, and shall be subject to each and every condition
herein set out.

7.CONCURRENCY

As submitted, the proposed zoning change
does not appear to result in demands on public facilities which would exceed
the current capacity of some public facilities, such as, but not limited to
roads, sewage, water supply, drainage, solid waste, parks and recreation,
schools and emergency medical facilities. However, no final development order (site
plan and building permits) shall be granted for a proposed development until
there is a finding that all public facilities and services required for the
development have sufficient capacity at or above the adopted level of service
(LOS) to accommodate the impacts of the development, or that improvements
necessary to bring facilities up to their adopted LOS will be in place
concurrent with the impacts of the development.

A. Utilities

1.Projected Capacities

a.The City’s utility planning efforts draw
upon phasing, capacity and service requirements, based upon information
provided by the applicant.The City
develops its plans consistent with sound engineering principles, prudent fiscal
practices and due regard for regulatory compliance.

b.If future development on this site is
cause for off-site improvements for water and wastewater, the developer will
bear the cost of design, permitting and construction of any such
improvements. The developer shall receive no impact fee credits for any
such required off-site improvements. The developer and the City may
enter into a pioneering agreement with the developer, if appropriate.

c.The
City’s Consumptive Use Permit provides for anticipated demands due to this and
other potential development

B.Commitment
of Capacity

There are no previous commitments of
any existing or planned excess capacity.

C.Ability
to Provide Services

1.The City intends to provide water,
wastewater and reclaimed water services within its service area for the
foreseeable future.

2.The City updates its Ten-Year Capital
Improvement Plan (CIP) as part of our annual budgetary process.Included within the CIP are water,
wastewater, and reclaimed water improvements necessary to provide service to proposed
development.

3.The
City has completed an impact fee study, based in part on the CIP in order to
assure adequate and appropriate funding for required improvements.